Dismissal of the Case

Dismissal

In cases where it is understood that there are reasons for dismissal stipulated in the Turkish Penal Code or that the condition of investigation or prosecution will not be fulfilled, the case is dismissed. The decision to dismiss the case;

Death of the accused (Turkish Penal Code article 64)
Amnesty (Turkish Penal Code article 65)
Litigation statute of limitations (Turkish Penal Code article 66)
Penalty Limitation (Turkish Penal Code article 68)
Withdrawal from complaint (Turkish Penal Code article 73/4)
Passing the complaint period (Turkish Penal Code.73)
It is given in cases of prepayment (Turkish Penal Code m.75/2 etc.).
If the investigation or prosecution is conditional but it is understood that the condition has not been fulfilled yet; A decision to stop is made pending the execution. This decision can be appealed. (Criminal Procedure Code m.223/8) After the stay decision, the trial continues with the disappearance of the reasoning obstacle that caused the suspension.

However, the decisions of non-jurisdiction against a judicial authority other than the judicial authority are also considered a judgment in terms of appeal or appeal. (Article 223/10 of the Criminal Procedure Code)

The stay decision is made to wait for the fulfillment of this condition in cases where the investigation and prosecution are conditional and in cases where the condition has not yet been fulfilled but is likely to happen. To explain this matter, the first point required for a decision to stop is; it is conditional that an investigation or prosecution can be made about the accused or the accused.

This situation sometimes arises from the personality of the accused, and sometimes it is due to the accusation placed on the accused. We can count the prosecution and investigation conditions that require a suspension decision as obtaining permission or a decision, preliminary problem resolution and smuggling.

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